‘Refunding money doesn’t acquit indicted oil marketers’

Coordinating Minister for the economy and Minister of Finance, Dr. Ngozi Okonjo-Iweala
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Prominent lawyers have said oil marketers refund of subsidy funds fraudulently received does not exonerate them as they were indicted in the fuel subsidy scam probe.

In separate interviews with SUNDAY PUNCH, the lawyers said the action was rather an admission of guilt and should make the case against the marketers easier to prosecute.

Last Thursday, at a press briefing after the National Economic Council in Abuja, the Anambra State Governor, Mr. Peter Obi, said a report submitted to members by Minister of Finance,

Dr. Ngozi Okonjo-Iweala, indicated that some of the indicted marketers had started paying back to the coffers of the Federal Government subsidy funds that were wrongly paid to them.

According to a Senior Advocate of Nigeria, Prof. Itse Sagay, even if the indicted marketers refunded all the money they were paid illegally, they could still be guilty of obtaining with false pretence.

“Refunding the money does not in any way exonerate them. They are still guilty of a crime called obtaining by false pretence. In fact, paying back is an admission of guilt. It has only made proving the case a lot easier. All the prosecutors need to do is to present the receipt of the refund. According to the law, refunding what is stolen does not wipe out the crime,” he said.

Similarly, Femi Falana (SAN), said by refunding, the marketers have admitted guilt and indicted those who released the funds.

He said, “The crime has been committed. Apart from prosecuting them, government wants to recover the money. So, all that refunding the money could do for the marketers is that it might make the judge disposed to being lenient with them.

“Already by refunding, they have admitted that they are guilty of receiving payment for petroleum products they did not bring into the country, so it has become an easy case.

“Nigerians must continue to push for the total recovery of all the funds paid illegally and for the prosecution of the indicted oil marketers and those who released the funds.”

In his view, another lawyer, Yusuf Ali (SAN), said the indicted oil marketers could only escape sentence if they refunded the funds under an arrangement of a plea bargain.

He said, “There is no part of our law that says if a person refunds what was stolen, his or she is exonerated. Unless in the case of a plea bargain where it can be agreed that if I do this, you will do that.

“It is also necessary to note that in a criminal trial, where many people are being prosecuted for the same case, a few persons can be taken out of prosecution and used as witnesses against the others, if they agree to admit to have committed the crime.”

Meanwhile, according to the recommendations of the Aigboje Aig-Imoukhuede–led Presidential Committee on Verification and Reconciliation of Subsidy Claims and Payments, N382bn is to be recovered from 21 firms indicted of fraudulent activities